INTERMEDIARY SERVICES AGREEMENT – LESSOR

HousingXL Eindhoven (office franchisee), with its registered office at [straat, huisnummer, toevoeging] in [postcode] [plaats], duly represented by de heer/mevrouw ..................... [naam], registered in the Commercial Register of the Chamber of Commerce under number..........., hereinafter to be referred to as: "Estate Agent";

 

and

 

name and data lessors
(gender Mr, Ms) (initials) (insertion) (lastname)
(street + housenumber)
(zipcode) (city)
(E-mail address lessors)

 

hereinafter to be referred to as: "Client";

 

Whereas:

  • Client is owner of the accommodation at:
    [straat, huisnummer, toevoeging]
    [postcode] [plaats],
    hereinafter to be referred to as the "Accommodation";
  • Client wishes to lease the Accommodation to a lessee on an ongoing basis;
  • Estate Agent is an intermediary agency that brokers leases between lessees and lessors on behalf of accommodation lessors;
  • Client wishes to instruct Estate Agent to find a lessee for the Accommodation and, if a lessee is found, conclude a lease between Client and the lessee;
  • Client wishes to instruct Estate Agent to conduct financial management or have financial management conducted for the Accommodation, if Client enters into a lease for the Accommodation after brokerage services performed by Estate Agent;
  • Client wishes to instruct Estate Agent to conduct the maintenance management or have the maintenance management conducted for the Accommodation, if Client enters into a lease for the Accommodation after brokerage services performed by Estate Agent;
  • Estate Agent and Client wish to record the terms and stipulations for the instruction as follows.

 

Have agreed as follows:

 

Clause 1 - Definitions

 

In this Agreement, intermediary services are taken to mean: the Estate Agent's best efforts obligation aimed at bringing into contact Client with potential lessee(s) for the Accommodation, to ensure that Client enters into a lease with a lessee.

 

In this Agreement, financial management is taken to mean: the Estate Agent's best efforts obligation to conduct the financial management and/or to have this conducted by a third party or a third party on behalf of Estate Agent, commencing at the moment of renting out the Accommodation. The financial management will consist of the work listed in Clause 2 with package 2 and to be recorded in more detail in a separate management agreement.

 

In this Agreement, maintenance management is taken to mean: the Estate Agent's best efforts obligation to conduct the maintenance management and/or to have it conducted by a third party or a third party on behalf of Estate Agent, commencing at the moment of renting out the Accommodation. The maintenance management will consist of the work listed in Clause 2 with package 3 and to be recorded in more detail in a separate management agreement.

 

Clause 2 – Estate Agent's Work and Agreement Term

 

The Agreement is entered into for an unlimited period. Estate Agent undertakes towards Client to act as a broker for the Accommodation for the duration of the Agreement in order to effect a lease between Client as lessor and/or owner on the one hand and a lessee on the other. If the Accommodation is to be leased to a new lessee, Estate Agent will, after Client has reported this, again act as a broker to find a new lessee. In his work, the Estate Agent is to perform his contracted work with due care and diligence. For the remainder, the manner of performing the instruction is entirely left to Estate Agent. The Estate Agent's work comprises:

 

Package 1: Basic pakket, LEASING

Package2: Plus Package, LEASING, FINANCIAL MANAGEMENT

Package3: Comprehensive Package, LEASING, FINANCIAL MANAGEMENT AND MAINTENANCE MANAGEMENT

 

 

LEASING

 

The work in this package comprises:

  • Professional survey of the Accommodation and, if desired, installing a for rent V sign;
  • Approximate measurement of the Accommodation;
  • General commercial advice about leasing properties and market conditions;
  • Preparing an advertisement for the Accommodation in Dutch and English;
  • Presenting the Accommodation on the www.HOUSINGXL.nl website;
  • Presenting the Accommodation on more than 30 national and international leasing websites;
  • Offering the Accommodation to: expats, multinationals and relocation agencies and other house hunters;
  • Using the national network of estate agents & relocation agencies.
  • Reporting on the progress of the leasing activities;
  • Requesting income details from prospective lessees:
    for private individuals;
    • valid proof of identity,
    • 2 recent salary slips and/or an employment contract.
    for self-employed persons;
    • recent income tax return,
    • recent extract from the Chamber of Commerce with valid proof of identity from the particular company's authorized signatories.
  • Negotiating with the prospective lessee on behalf of Client;
  • Preparing and recording a standard lease based on the details submitted by Client to Estate Agent;
  • Making every effort to collect the 1st month's rent and the deposit;
  • Performing the initial inspection and the key hand-over;
  • Optional: a social check of potential lessee(s) (rate: 15 euro excl. VAT, Client should instruct Estate Agent by e-mail separately).

 

FINANCIAL MANAGEMENT

 

The work in this package comprises:

  • Screening prospective lessee’s income;
  • Initiating and maintaining the administration for lease of the Accommodation;
  • Monthly invoicing and collecting rent;
  • Presenting rent settlements to the lessor;
  • Calculating and communicating the annual rent indexation to the lessee;
  • Managing the deposit;
  • Taking timely measures to prevent collection cases by sending a maximum of two reminders;
  • Preparing final inspection report and settling the deposit.

 

MAINTENANCE MANAGEMENT

 

The work in this package comprises:

  • Dealing with lessee reports of maintenance issues. If costs are involved, settlement will take place for Client’s account, but only after Client’s approval;
  • Reporting emergencies in the Accommodation to the owner within 24 hours;
  • Issuing maintenance or repair instructions on behalf of and for Client’s account;
  • Having maintenance work performed on behalf of and for Client’s account;
  • Filing relevant documents with regard to all work stated;
  • Inspecting the Accommodation in the event of lease changes.

 

Clause 3 – Payment of Brokerage Fee; No Cure No Pay

  1. If the brokerage activities performed by Estate Agent result in a lease for the Client for the Accommodation, Client shall owe Estate Agent a brokerage fee.
  2. The brokerage fee equals [50]% of the gross monthly rent plus 21% VAT (BTW).
  1. If the brokerage activities performed by Estate Agent result in a lease for the Client for the Accommodation, Client shall owe Estate Agent a brokerage fee, just as Client shall owe a fee for the financial management.
  2. The brokerage fee equals [50]% of the gross monthly rent plus 21% VAT (BTW). The financial management fee equals a monthly amount of [4]% of the gross monthly rent plus 21% VAT for the duration of lessee’s lease.
  1. If the brokerage activities performed by Estate Agent result in a lease for the Client for the Accommodation, Client shall owe Estate Agent a brokerage fee, just as Client shall owe a fee for the financial management and the maintenance management..
  2. The brokerage fee equals [50]% of the gross monthly rent plus 21% VAT (BTW). The financial management fee equals a monthly amount of [4]% of the gross monthly rent plus 21% VAT for the duration of lessee’s lease.
  3. The payment term for the fee referred to in 2 for Client is 7 days after dispatch date of the invoice by the Estate Agent.
  4. In conformity with the provisions in Clause 3 subclause 6 of the General Terms and Conditions Lessor, Client will owe an amount equal to the brokerage fee if he should withdraw after he has agreed with the lease of the Accommodation to a lessee proposed by Estate Agent.

 

Clause 4 – Provisions and Details concerning the Accommodation to be Leased

  1. Client wishes to receive a monthly gross rent of €[amount].
  2. Client wishes to receive a deposit of €[amount].
  3. The property will be available from [date]
  4. The property will be handed over in the following state: [bare, semi-furnished, furnished] as known to Estate Agent and Client.
  5. After the acceptance form has been signed, Estate Agent will draw up a lease in writing on behalf of Client. Client instructs Estate Agent to collect the amounts for the first month’s gross rent and the deposit from the lessee.
  6. If Estate Agent proposes a prospective lessee, Client will not enter into negotiations with a third party.
  7. Client must inform Estate Agent concerning the availability of the Accommodation in time and therefore cancel the Accommodation with Estate Agent in time in the event of lease through a third party.


 

Clause 5 – General Terms and Conditions Lessor

 

The General Terms and Conditions Estate Agent’s Lessor, version January 2015 are applicable to and form an integral part of this Agreement. Prior to the formation of this Agreement, Client was furnished with a copy of the General Terms and Conditions Lessor, at least Client was given the opportunity to take knowledge of their contents and to save them electronically. The General Terms and Conditions Lessor form an integral part of the Agreement with Client.

 

 

Clause 6 – Publication on Pararius Website

  1. Client is familiar with the fact that, if he wishes, the Accommodation: [Street, housenumber, addition, zipcode, city] will be published on the website www.Pararius.nl. Client must instruct HousingXL Nederland explicitly to publish on Pararius. Client designates HousingXL Nederland to publish on the Pararius website. Should an earlier instruction to another party/Estate Agent to publish the particular property on the Pararius website have been given, this particular instruction will lapse immediately after instructing HousingXL Nederland.
  2. Client wishes to publish the Accommodation through HXL Nederland BV on the Pararius website,
    ja/nee

 

Drawn up and signed electronically on [date].

 

Estate Agent

 

Client